Judgment of the General Court of 26 September 2014 — Romonta v Commission
(Case T-614/13) 1
(Environment — Directive 2003/87/EC — System of exchange of greenhouse gas emission allowances — Transitional rules concerning the free allocation of greenhouse gas emission allowances from 2013 — Decision 2011/278/EU — National implementing measures submitted by Germany — Hardship clause — Freedom to choose an occupation and to conduct a business — Property rights — Proportionality)
Language of the case: German
Parties
Applicant: Romonta GmbH (Seegebiet Mansfelder Land, Germany) (represented by: I. Zenke, M.-Y. Vollmer, C. Telschow and A. Schulze, lawyers)
Defendant: European Commission (represented by: E. White, C. Hermes and K. Herrmann, acting as Agents)
Re:
Application for annulment of Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2013 L 240, p. 27), in so far as Article 1(1) of that decision refuses to grant the applicant the supplementary quotas requested for the third trading period of the 2013 to 2020 emissions trading on the basis of the hardship clause under Paragraph 9(5) of the Treibhausgas-Emissionshandelsgesetz (German Law on greenhouse gas emissions trading) of 21 July 2011.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Romonta GmbH to pay the costs of the main proceedings and the interim proceedings.
________________________1 OJ C 31, 1.2.2014.